[House Report 113-339]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-339
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3590) TO PROTECT AND
ENHANCE OPPORTUNITIES FOR RECREATIONAL HUNTING, FISHING, AND SHOOTING,
AND FOR OTHER PURPOSES
_______
February 3, 2014.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Sessions, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 470]
The Committee on Rules, having had under consideration
House Resolution 470, by a record vote of 9 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3590, the
Sportsmen's Heritage And Recreational Enhancement Act of 2013
(SHARE Act of 2013), under a structured rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill and provides
that it shall be considered as read. The resolution waives all
points of order against provisions in the bill. The resolution
makes in order only those amendments printed in this report.
Each such amendment may be offered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 105
Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #21, offered by Rep. Holt
(NJ) and Rep. Thompson (CA) and Rep. Reichert (WA) and Rep.
Veasey (TX) and Rep. Fitzpatrick (PA) and Rep. Dingell (MI) and
Rep. McGovern (MA) and Rep. Gibson (NY) and Rep. Kirkpatrick
(AZ) and Rep. Coble (NC) and Rep. Butterfield (NC) and Rep.
Gerlach (PA), which reauthorizes the Land and Water
Conservation Fund (LWCF) for five years. The LWCF uses revenues
from oil and gas leasing on the Outer Continental Shelf to help
preserve, develop and ensure access to outdoor recreation
resources. Defeated: 2-9
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... ............
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... ............
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 106
Motion by Ms. Foxx to report the rule. Adopted: 9-2
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... ............
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... ............
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Hastings, Doc (WA): MANAGER'S Makes technical,
clarifying and conforming changes to the Committee Print. (10
minutes)
2. Hanna (NY): Requires a report on economic impacts of the
Act. The report would include any expected increases in
recreational hunting, fishing, shooting, and conservation
activities; an estimate of jobs created to support such
activities; an estimate of wages related to these jobs; and
estimate of anticipated new local, State, and Federal revenue.
(10 minutes)
3. Castro (TX): Ensures that women and minority groups, as
appropriate, are included for membership on the Wildlife and
Hunting Heritage Conservation Council Advisory Committee. (10
minutes)
4. Gallego (TX): Adds veterans service organizations to the
list of discretionary members of the Wildlife and Hunting
Heritage Conservation Council Advisory Committee. Many
organizations, including the VA, include outdoor activities to
help wounded veterans in their rehabilitation efforts. (10
minutes)
5. Broun (GA): Requires that hunting, trapping, netting and
fishing activities be included as land use in all land
management plans to the extent that these activities are not
clearly inconsistent with the purposes for which the Federal
land is managed. (10 minutes)
6. Ellison (MN): Strikes the National Environmental Policy
Act waivers in the bill. (10 minutes)
7. Smith, Jason (MO): Preserves current motorized vessel
management in the Ozark National Scenic Riverways, a National
Park in Southeast Missouri. (10 minutes)
8. Crawford (AR): Allows the State office of the
Cooperative Extension System of the Department of Agriculture
and State department of fish and wildlife to determine regular
agricultural practices for purposes of federal hunting
guidelines. (10 minutes)
9. Fleming (LA): Restores hunting access to the Kisatchie
National Forest for deer hunting with dogs. Includes private
property protections. (10 minutes)
10. Holt (NJ), Connolly (VA), Lowenthal (CA), Van Hollen
(MD), Langevin (RI), Cartwright (PA), Ellison (MN), Blumenauer
(OR), Grijalva (AZ), Shea-Porter (NH), Capps (CA), Quigley
(IL), Delaney (MD), Davis, Susan (CA), Matsui (CA): Promotes
the Secretary of the Interior's authority to consider climate
change when making decisions related to recreation and
conservation on public lands. (10 minutes)
11. Kildee (MI): Maintains access to National Forest System
lands for snowmobilers while a winter Travel Management Rule
for National Forests is finalized. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Hastings of Washington
or His Designee, Debatable for 10 Minutes
Page 1, lines 5 and 6, strike ``of 2013''.
Page 13, line 10, strike ``of 2013''.
Page 15, line 2, strike ``of 2013''.
Page 15, line 7, strike ``of 2013''.
Page 22, line 12, strike ``of 2013''.
Page 27, strike lines 13 and 14 and redesignate the remaining
clauses accordingly.
Page 29, line 20, strike ``shall'' and insert ``may''.
Page 32, line 13, strike ``Effective'' and all that follows
through line 19, and insert the following: ``Upon publication
of the first notice required under section 8(c) of the Wildlife
and Hunting Heritage Conservation Council formed in furtherance
of section 441 of the Revised Statutes (43 U.S.C. 1457), the
Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts
applicable to specific bureaus of the Department of the
Interior is hereby abolished.''.
Page 41, lines 17 and 18, strike ``this determination'' and
insert ``the provision of opportunities for hunting, fishing,
and recreational shooting under the authority of this title''.
Page 41, line 20, insert ``, road construction or
maintenance,'' after ``access''.
Page 41, lines 22 and 23, strike ``, or permanent road
construction or maintenance''.
Page 42, line 14, strike ``such implementation'' and insert
``the provision of opportunities for hunting, fishing, and
recreational shooting under the authority of this title''.
Page 42, line 16, strike ``or permanent road construction or
use'' and insert ``motorized recreational access, road
construction or maintenance, or use that is not otherwise
allowed under the Wilderness Act (16 U.S.C. 1131 et seq.)''.
Page 45, line 18, strike ``head''.
At the end of the bill, add the following new title (and
amend the table of contents accordingly):
TITLE IX--RESPECT FOR TREATIES AND RIGHTS
SEC. 901. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this Act or the amendments made by this Act shall
be construed to affect or modify any treaty or other right of
any federally recognized Indian tribe.
----------
2. An Amendment To Be Offered by Representative Hanna of New York or
His Designee, Debatable for 10 Minutes
Page 3, before line 1, insert the following (and conform the
table of contents accordingly):
SEC. 3. REPORT ON ECONOMIC IMPACT.
Not later than 12 months after the date of the enactment of
this Act, the Secretary of Interior shall submit a report to
Congress that assesses expected economic impacts of the Act.
Such report shall include--
(1) a review of any expected increases in
recreational hunting, fishing, shooting, and
conservation activities;
(2) an estimate of any jobs created in each industry
expected to support such activities described in
paragraph (1), including in the supply, manufacturing,
distribution, and retail sectors;
(3) an estimate of wages related to jobs described in
paragraph (2); and
(4) an estimate of anticipated new local, State, and
Federal revenue related to jobs described in paragraph
(2).
----------
3. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
Page 27, after line 18, insert the following:
``(xiii) Women's hunting and fishing
advocacy, outreach, or education
organization.
``(xiv) Minority hunting and fishing
advocacy, outreach, or education
organization.
----------
4. An Amendment To Be Offered by Representative Gallego of Texas or His
Designee, Debatable for 10 Minutes
Page 27, after line 18, insert the following:
``(xiii) Veterans service
organization.''.
----------
5. An Amendment To Be Offered by Representative Broun of Georgia or His
Designee, Debatable for 10 Minutes
Page 37, strike line 1 through page 45, line 24, and insert
the following (conform the table of contents accordingly):
SEC. 804. HUNTING ON FEDERAL PUBLIC LAND.
(a) Purpose.--The purpose of this section is to require that
hunting activities be a land use in all management plans for
Federal public land to the extent that such use is not clearly
incompatible with the purposes for which the Federal public
land is managed.
(b) Hunting Allowed Unless Incompatible.--When developing or
considering approval of a management plan (or any amendment to
such a management plan) for Federal public land, the head of
the agency with jurisdiction over such Federal public land
shall ensure that hunting activities are allowed as a use of
such Federal public land to the extent that such use is not
clearly incompatible with the purposes for which the Federal
public land is managed.
(c) Prohibiting or Restricting Hunting.--
(1) Reasons set forth in management plan.--If hunting
activities are not allowed or are restricted on Federal
public land, the head of the agency with jurisdiction
over such Federal public land shall set forth in the
management plan for that Federal public land the
specific reason that hunting activities are not allowed
or are restricted.
(2) Restriction clarified.--For the purposes of this
subsection--
(A) allowing contract or quota thinning of
wildlife shall not constitute allowing
unrestricted hunting; and
(B) a fee charged by any entity related to
hunting activities on Federal public land that
is in excess of that needed to recoup costs of
management of the Federal public land shall be
deemed to be a restriction on hunting.
(d) Shooting Ranges.--
(1) In general.--The head of each Federal agency
shall use his or her authorities in a manner consistent
with this title and other applicable law, to--
(A) lease or permit use of lands under the
jurisdiction of the agency for shooting ranges;
and
(B) designate specific lands under the
jurisdiction of the agency for recreational
shooting activities.
(2) Limitation on liability.--Any designation under
paragraph (1)(B) shall not subject the United States to
any civil action or claim for monetary damages for
injury or loss of property or personal injury or death
caused by any activity occurring at or on such
designated lands.
(e) Authority of the States.--Nothing in this title shall be
construed as interfering with, diminishing, or conflicting with
the authority, jurisdiction, or responsibility of any State to
exercise primary management, control, or regulation of fish and
wildlife under State law (including regulations) on land or
water within the State, including on Federal public land.
(f) Fees.--Fees charged related to hunting activities on
Federal public land shall be--
(1) retained by the head of the agency with
jurisdiction over such Federal public land to offset
costs directly related to management of hunting on the
Federal public land upon which hunting activities
related to the fee are conducted; and
(2) limited to what the Secretary reasonably
estimates to be necessary to offset costs directly
related to management of hunting on the Federal public
land upon which hunting activities related to the fee
are conducted.
(g) Definitions.--In this section--
(1) the term ``Federal public land'' means any land
or water that is owned and managed by the Bureau of
Land Management or the Forest Service;
(2) the term ``hunting'' means hunting, trapping,
netting, and fishing; and
(3) the term ``management plan'' means a management
plan, management contract, or other comprehensive plan
or agreement for the management or use of Federal
public land.
(h) Applicability.--This section shall apply to all
management plans developed, approved, or amended after the date
of the enactment of this section.
----------
6. An Amendment To Be Offered by Representative Ellison of Minnesota or
His Designee, Debatable for 10 Minutes
Page 38, strike line 20 through page 39, line 6.
Page 39, line 7, strike ``(3)'' and insert ``(2)''.
----------
7. An Amendment To Be Offered by Representative Smith of Missouri or
His Designee, Debatable for 10 Minutes
Page 44, line 22, strike ``Nothing'' and insert ``Except as
provided by subsection (l), nothing''.
Page 45, after line 24, insert the following:
(l) Motorized Vessels in the Ozark National Scenic
Riverways.--The Secretary of the Interior--
(1) shall manage the Ozark National Scenic Riverways
to allow the use of motorized vessels in a manner that
is not more restrictive than the use restrictions in
effect on November 21, 2013; and
(2) may manage the Ozark National Scenic Riverways to
allow the use of motorized vessels in a manner that is
less restrictive than the use restrictions in effect on
November 21, 2013.
----------
8. An Amendment To Be Offered by Representative Crawford of Arkansas or
His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--EXEMPTIONS FOR TAKING MIGRATORY BIRDS ON CERTAIN AGRICULTURAL
LAND
SEC. _01. SHORT TITLE.
This title may be cited as the ``Hunter and Farmer Protection
Act''.
SEC. _02. EXEMPTIONS ON CERTAIN LAND.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended by adding at the end the following:
``(c) Exemptions on Certain Land.--
``(1) In general.--Nothing in this section prohibits
the taking of any migratory game bird, including
waterfowl, coots, and cranes, on or over land that--
``(A) contains--
``(i) a standing crop or flooded
standing crop, including an aquatic
crop;
``(ii) standing, flooded, or
manipulated natural vegetation;
``(iii) flooded harvested cropland;
or
``(iv) an area in a State on which
seed or grain has been scattered solely
as the result of an agricultural
planting, harvesting, or post-harvest
manipulation practice, or a soil
stabilization practice, that the head
of the State office of the Cooperative
Extension System of the Department of
Agriculture has determined in
accordance with paragraph (2) to be a
normal practice in that State; and
``(B) is not otherwise a baited area.
``(2) State determinations.--
``(A) In general.--The head of a State office
of the Cooperative Extension System may make a
determination for purposes of paragraph
(1)(A)(iv) upon the request of the Secretary of
the Interior.
``(B) Revisions.--The head of a State office
of the Cooperative Extension System may revise
a determination under subparagraph (A) as the
head of a State office determines to be
necessary to reflect changing agricultural
practices.
``(C) Concurrence required.--A determination
or revision under this paragraph shall not be
effective for purposes of this subsection
unless the head of the State department of fish
and wildlife concurs therein.''.
----------
9. An Amendment To Be Offered by Representative Fleming of Louisiana or
His Designee, Debatable for 10 Minutes
Add at the end of the bill, add the following (and conform
the table of contents accordingly):
SEC. 805. RESTRICTIONS ON HUNTING IN KISATCHIE NATIONAL FOREST.
(a) Hunting in Kisatchie National Forest.--Consistent with
the Act of June 4, 1897 (16 U.S.C. 551), the Secretary of
Agriculture may not restrict the use of dogs in deer hunting
activities in Kisatchie National Forest, unless such
restrictions--
(1) apply to the smallest practicable portions of
such unit; and
(2) are necessary to reduce or control trespass onto
land adjacent to such unit.
(b) Prior Restrictions Void.--Any restrictions regarding the
use of dogs in deer hunting activities in Kisatchie National
Forest in force on the date of the enactment of this Act shall
be void and have no force or effect.
(c) Adjacent Landowners.--Landowners whose property abuts a
unit of the Kisatchie National Forest may petition the
Secretary of Agriculture to restrict the use of dogs in deer
hunting activities that take place on such unit which abut
their property. If the Secretary of Agriculture receives a
petition from an adjacent landowner, the Secretary, after
notice and opportunity for a hearing, may impose restrictions
on the use of dogs in deer hunting--
(1) limited to those units of the Kisatchie National
Forest within 300 yards of the boundary of the
petitioning landowner's property; and
(2) consistent with subsection (a).
----------
10. An Amendment To Be Offered by Representative Holt of New Jersey or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE IX--CLIMATE CHANGE
SEC. 901. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO PLAN FOR A
CHANGING CLIMATE.
Nothing in this Act limits the authority of the Secretary of
the Interior to include climate change as a consideration in
making decisions related to conservation and recreation on
public lands.
----------
11. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE IX--SENSE OF CONGRESS REGARDING SNOWMOBILES ON NATIONAL FOREST
SYSTEM LANDS
SEC. 901. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The clear identification of roads, trails, and
areas for motor vehicle use in each National Forest
will improve management of National Forest System lands
and protect these national treasures, enhance
opportunities, and address access for motorized
recreation experiences on National Forest System lands
and preserve areas of opportunity in each National
Forest for non-motorized travel and experiences.
(2) The sport of snowmobiling supports thousands of
jobs across the country and provides a variety of
enriching recreational opportunities for both families
and individuals.
(3) In 2005, the Forest Service promulgated a Travel
Management Rule that required travel management plans
for off-road vehicles, with the exception of
snowmobiles, on all lands managed by the Forest
Service.
(4) Under the 2005 Travel Management Rule, the
Department of Agriculture deemed that the use of
snowmobiles on National Forest System lands presented a
different set of management issues and environmental
impacts on National Forest System lands than the use of
other types of motor vehicles. Therefore, the final
rule exempted snowmobiles from the mandatory
designation scheme provided for under section 212.51 of
title 36, Code of Federal Regulations, but retained the
National Forest System's ability to allow, restrict or
prohibit snowmobile travel, as appropriate, on a case-
by-case basis.
(5) In 2013, the Ninth U.S. District Court of Idaho
ruled in the case captioned as Winter Wildlands
Alliance v. US Forest Service, Case No. 1:11-cv-00586-
REB, ruled that the Forest Service must promulgate
travel management rules that include snowmobiles. The
Ninth U.S. District Court of Idaho required that the
final rule be promulgated by September 14, 2014,
barring no additional extension.
(b) Sense of Congress.--It is the sense of Congress that the
Forest Service should continue to allow snowmobiles access to
National Forest System lands at the same levels as were allowed
as of March 28, 2013, subject to closures for public health and
safety at the discretion of the respective agencies, until a
final travel management rule is promulgated for snowmobiles.